The recommendation of former Chief Elections Commissioner Neel Kanth Uprety as Nepali Ambassador to India is scrapped after  the Cabinet failed to authenticate its own decision.

On July 17 the Cabinet recommended Uprety as the next ambassador to India and Udaya Raj Pandey to Malaysia.

The Indian envoy’s post is vacant since October 2017 after outgoing Nepali Ambassador Deep Kumar Upadhyay resigned and returned to Nepal to contest elections.

Top government officials claimed Prime Minister K P Sharma Oli is mulling a suitable candidate to serve in

New Delhi, one of the most important diplomatic missions for Nepal.

The Prime Minister Office on Tuesday published a list of Cabinet decisions made on July 17, but recommendations of Uprety and Pandey were missing which means they are rejected.

The Chief Secretary should authenticate Cabinet decisions after the Prime Minister’s perusal before announcing them.

Officials with knowledge on the issue told Post some Nepal Communist Party leaders have reservations on Uprety’s nomination.

The other objection is how can an official who has served as chief of a constitutional body hold another office of profit?

If Uprety is authenticated someone could challenge the decision in court, citing the constitutional provision that he is not suitable for the post. This could affect the image of the government, senior NCP leaders fear.

Legal and constitutional experts’ have divergent opinions over Uprety’s recommendation. According to Article 245 (8) of the constitution, an official once appointed as the Chief Election Commissioner and an Election Commissioner shall not be eligible for appointment to any other government service.

The Article says, “Provided that nothing in this clause shall be deemed to be a bar to the appointment to

any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.” NCP leaders Subas Chandra Nembang, Bamdev Gautam and Narayan Kaji Shrestha have expressed their reservations over Uprety’s recommendation to Prime Minister KP Sharma Oli.